Paul Klarin Oregon Department of Land Conservation and Development 11/1/13

Transcription

1 Paul Klarin Oregon Department of Land Conservation and Development 11/1/13

2 Discussion Outline: How we got there Part Five Plan Policies and Procedures Framework Area Definition Standards Summary Marine Recreation Resource Overlay Visual Resource Overlay Sideboards Siting

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4 Flash Forward

5 Back Home on the Range - The last grazers of the public common?

6 Suddenly this is dropped

7 with anchors the size of a house

8 in the middle of the best fishing grounds

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10 WAKE UP CALL!!!

11 What Me Worry?

12 BOEMRE FERC Wave Energy

13 Oregon s Ocean Management Program Statewide Land Use Planning Program ORS 197 Ocean Resources Management Program ORS 196 Goal 19 Ocean Resources Ocean Policy Advisory Council State Agency Authorities Territorial Sea Plan

14 We Got Busy: Governor s Executive Order - March 2008 Oregon FERC MOU - March 2008 TSP Part 5 Adopted - November 2009* President s Executive Order July 2010 Oregon BOEM Task Force March 2011 * Phase 1 of the TSP amendment process

15 Goal 19 Ocean Resources conserve marine resources and ecological functions for the purpose of providing long-term ecological, economic, and social values and benefits and to give higher priority to the protection of renewable marine resources--i.e., living marine organisms-than to the development of non-renewable ocean resources.

16 Statewide Goal 19 Ocean Resources PROTECT: Renewable Marine Resources i.e. Living Marine Organisms; Biological Diversity & Functional Integrity of Marine Ecosystems; Important Marine Habitat; Areas Important to Fisheries commercial and recreational; Beneficial Uses: Navigation, Recreation, Food Production, Aesthetic, Seafloor Uses.

17 Oregon Territorial Sea Plan Part One: Ocean Management Goals The overall ocean management goal of the State of Oregon is to: Conserve the long-term values, benefits, and natural resources of the nearshore ocean and the continental shelf. To achieve this goal, the State of Oregon will: 1. give higher priority to the protection of renewable marine resources than to the development of non-renewable ocean resources; 2. support development of ocean resources that is environmentally sound and economically beneficial to coastal communities and the state; 3. protect the diversity of marine life, the functions of the marine ecosystem, the diversity of marine and estuarine habitats, and the overall health of the marine environment; and 4. seek the conservation of ocean resources within the larger marine region that is of ecologic and economic interest to the State of Oregon.

18 Ecosystem Function and Diversity

19 Areas Important to Fisheries

20 Beneficial Uses - Cable Vessel

21 Research and Monitoring

22 Navigation

23 Recreation

24 Aesthetic Enjoyment

25 Policies Express Preferences

26 Why amend the TSP? Oregon has recognized and encouraged the potential benefits of wave energy development Oregon wants to rationally plan for this development while protecting and balancing existing uses and resources Oregon wants to make sure we have say in federal regulatory process

27 Plan for What? US DOE Marine Hydrokinetic Energy Glossary Attenuators Pitching Surging Swaying Heaving Oscillating Point Absorbing Overtopping Submerged Pressure Differential

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29 Oregon TSP Amendment Process How we got here: Governor s Executive Order - March 2008 Oregon FERC MOU - March 2008 TSP Part 5 Adopted - November 2009* * Phase 1 of the TSP amendment process

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31 Oregon TSP Partnerships State Agencies: DLCD/ODFW/DSL/OPRD Federal agencies: FERC, BOEM, NOAA NMFS OCZMA: local governments, ports and special districts Community Advisory Committees (Renewable Energy) POORT, SOORC, FINE, FACT, NSAT, FOORC OWET OPAC \ STAC Ecotrust Surfrider Foundation Conservation Community (TNC, OSCC, Our Ocean)

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33 Geospatial Analysis for Areas Protected by Goal 19 Data Layers Intersected with the Planning Grid Areas of Biological or Ecological Importance. Goal 19 Criteria Identify Areas of Importance to Fisheries Existing Uses or Areas for special management Ecological Protection Fishery Protection Beneficial Use Protection Areas of Opportunity (to be evaluated) Plan and Map = Areas Protected as Goal 19 Resources and Uses

34 Spatial Planning Feedback Loop Started Here Goal 19 Resources and Uses Map Layers GIS Data Public Input + LCDC TSPAC Public Input Draft Plan Draft Plan Maps OPAC Public Input Goal 19 Resources and Uses TSP Work Group

35 TSP PART FIVE PART FIVE CHAPTER OF THE TSP PLAN MAP and AREA DESIGNATIONS RESOURCES AND USES INVENTORY

36 PART FIVE PLAN MAP AREAS Renewable Energy Exclusion Area (REEA) Proprietary Use and Management Area (PUMA) Resources and Uses Conservation Area (RUCA) Resources and Uses Management Area (RUMA) Renewable Energy Facility Suitability Study Area (REFSSA) Renewable Energy Permit Area (REPA) Special Management Areas designated by statute and OAR Areas with authorized uses and special management designations under Goal 19 Areas with important, sensitive, or unique Goal 19 Resources and Uses Areas with important or significant Goal 19 Resources and Uses Areas of least conflict with Goal 19 Resources and Uses Areas of existing MREC permits MRE applications will not be accepted within these areas MRE applications will not be accepted unless legally permissible, comply with the authorized use and area standards, and agreed to by the authorized users. MRE applications must demonstrate no reasonably foreseeable adverse effects on inventoried marine resources and uses.* MRE applications must demonstrate no significant adverse effects on inventoried marine resources and uses. MRE applications must comply with TSP Part Five Sections B and C, general standards, and the applicable regulatory and proprietary requirements of state and federal agencies.* Delineated sites with existing authorization for the development of MRE testing, research or facilities. Visual Resource Area Overlay Marine Recreation Area Overlay Higher Permit Review Standards Lower Screening standards applied to all areas Already permitted.

37 TSP Review Standards Matrix General Fisheries Standards Visual Resource Impact Standards Recreation Resource Impact Standards No Significant Adverse Effects No Reasonably Foreseeable Adverse Effects Presumptive Exclusion REEA n/a n/a n/a n/a n/a n/a PUMA RUCA *ISU RUMA REFFSA ecological REPA n/a n/a n/a n/a n/a n/a

38 Resource and Use Conservation Area (RUCA) Areas of important, significant, or unique (ISU) ecological resources, significant economical importance to commercial fishing sectors, recreational fishing, or individual ports, and ocean recreation hotspots. MRE applications must demonstrate that the project will have no reasonably foreseeable adverse effects on inventoried marine resources and uses as determined by the standards for protecting those resources and uses. 900 mi 2 ~ 72% Resource Inventory Layers Included: Areas of Greatest Importance to Fisheries Ocean Recreation Hotspots Kelp Beds Subtidal Rocky Reef Rock Shores Habitat Pinniped Haulout Steller Sea Lion Critical Habitat Nesting Seabird Colonies Snowy Plover Critical Habitat Level I Marxan (core hotspots)

39 Resource and Use Management Area (RUMA) Areas with important or significant ecological resources, economically important to commercial fishing sectors, recreational fishing, or individual ports. MRE application must demonstrate no significant adverse effects on inventoried marine resources and uses as determined by the standards for protecting those resources and uses. 137 mi 2 ~ 11% Resource Inventory Layers Included: Oceanographic Research Inventory Crabber Tugboat Agreement lanes Ocean Recreation Gray Whale Foraging Area Marbled Murrelet Foraging Level II Marxan (core hotspots) Areas of Great Importance to Fisheries

40 Renewable Energy Exclusion Area (REEA) Objective: To protect permitted uses and special management areas under Goal 19 Ocean Resources. No development of marine renewable energy will be permitted in these areas. OPT Reedsport and NNMREC Resource Inventory Layers Included: State Designated Marine Managed Areas including Marine Reserves and Protected Areas Dredge Material Disposal Sites 130 mi 2 ~ 10%

41 Proprietary Use and Management Area (PUMA) Areas with authorized uses and special management designations under Goal 19 Ocean Resources. MRE applications will not be accepted unless the use is legally permissible, complies with the authorized use of the area, and has been agreed to by the authorized users. Resource Inventory Layers Included: Commercial Shipping Lanes (Deep & Shallow draft) Coastal Discharge Outfalls Coastal National Wildlife Refuges OR Islands National Wildlife Refuges Research Cables and Infrastructure Undersea Telecommunication Cables Ocean Outfalls Pilotage Areas 68 mi 2 ~ 5%

42 Resource and Use Development Area (REFSSA) Area with lowest potential adverse effects with ecological resources and activities relating to commercial fishing sectors, recreational fishing, or individual ports. Resource Inventory Layers Included: A proposal for MRE development must comply with TSP Part Five Sections B and C, and the applicable regulatory and proprietary requirements of state and federal agencies. Would not automatically exclude other uses Navigational Aides Inactive Dredge Material Disposal Sites 22 mi 2 ~ 2%

43 Renewable Energy Permit Area (REPA) Areas are delineated sites for which there is an existing authorization for the development of MRE testing, research or facilities. Applications for MRE development within a REPA must comply with the terms and conditions required by the regulating agency authorization for the site. Resource Inventory Layers Included: OPT permitted site NNMREC permit site 2 mi 2 ~ 0%

44 Marine Recreation Area Overlay Proposal: Standard applicable to the entire Territorial Sea A. Ocean renewable energy may not have a significant adverse effect on significant known recreational uses. B. A significant adverse effect occurs when: I. Access is denied or unreasonably impeded. II. The project creates reasonably foreseeable health or safety impacts. III. The project would have reasonably foreseeable significant impacts on the natural environment that the recreational community depends on. C. Significant recreational use occurs where there is a: I. Community of historical users; II. High intensity of use, or III. Uniqueness or a special quality associated with the recreational use relative to the state or region.

45 Visual Resource Overlay Visual Resource Management has 2 distinct phases: Planning phase: inventoried sites are given a visual resource rating. The visual resource inventory assessment (VRIA) will be incorporated into the plan to the full extent of the Territorial Sea. Regulatory phase: project applicant will be required to conduct an evaluation of potential impacts to visual resources, or a Visual Impact Analysis (VIA).

46 LET S GO TO THE MAP

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54 To Be Continued